Category Archives: Litigation

Summary Judgments: Discussion re 2019 Proposed Amendments to the 1997 Rules of Civil Procedure

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The 2019 Proposed Amendments to the 1997 Rules of Civil Procedure (hereinafter, “2019 Amendments”), which takes effect on 1 May 2020, retains most of the provisions of Rule 35 (“Summary Judgments”). The provisions on summary judgements, including the amendments, are discussed below. [The summary/discussion of other Rules may be tracked through the Menu.]

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Demurrer to Evidence: Summary/Discussion re 2019 Proposed Amendments to the 1997 Rules of Civil Procedure

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After the plaintiff has completed the presentation of his or her evidence, the defendant may move for dismissal on the ground that upon the facts and the law the plaintiff has shown no right to relief. If his or her motion is denied, he or she shall have the right to present evidence. If the motion is granted but on appeal the order of dismissal is reversed, he or she shall be deemed to have waived the right to present evidence. 

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Emasculating the Motion to Dismiss: Summary / Discussion of 2019 Amendments to the 1997 Rules of Civil Procedure

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There are major changes in the rules governing motions to dismiss under the  2019 Proposed Amendments to the 1997 Rules of Civil Procedure (hereinafter, “2019 Amendments”), which takes effect on 1 May 2020. To begin with, the 2019 Amendments deleted the entire Rule 16 (“Motion to Dismiss”) of the 1997 Rules of Civil Procedure (hereinafter, “1997 Rules”). There seems to be an intent to strongly discourage the use of motions to dismiss.

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Rule 7 (Parts and Contents of a Pleading): 2019 Proposed Amendments to the 1997 Rules of Civil Procedure

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[See Introduction and Menu; Rule 6; Rule 7; Rule 8; Rule 9; Rule 10; Rule 11; Rule 12; Rule 13; Rule 14; Rule 15; Rule 16 (deleted); Rule 17; Rule 18; Rule 19; Rule 20; Rule 21; Rule 22; Rule 23; Rule 24; Rule 25; Rule 26; Rule 27; Rule 28; Rule 29; Rule 30; Rule 31; Rule 32; Rule 33; Rule 34; Rule 35; See also Summary/Discussion on Parts and Contents of a Pleading]

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Rule 8 (Manner of Making Allegations in Pleadings): 2019 Proposed Amendments to the 1997 Rules of Civil Procedure

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[See Introduction and Menu; Rule 6; Rule 7; Rule 8; Rule 9; Rule 10; Rule 11; Rule 12; Rule 13; Rule 14; Rule 15; Rule 16 (deleted); Rule 17; Rule 18; Rule 19; Rule 20; Rule 21; Rule 22; Rule 23; Rule 24; Rule 25; Rule 26; Rule 27; Rule 28; Rule 29; Rule 30; Rule 31; Rule 32; Rule 33; Rule 34; Rule 35; See also Summary on Affirmative Defenses and Manner of Making Allegations in Pleadings]

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Rule 9 (Effect of Failure to Plead): 2019 Proposed Amendments to the 1997 Rules of Civil Procedure

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[See Introduction and Menu; Rule 6; Rule 7; Rule 8; Rule 9; Rule 10; Rule 11; Rule 12; Rule 13; Rule 14; Rule 15; Rule 16 (deleted); Rule 17; Rule 18; Rule 19; Rule 20; Rule 21; Rule 22; Rule 23; Rule 24; Rule 25; Rule 26; Rule 27; Rule 28; Rule 29; Rule 30; Rule 31; Rule 32; Rule 33; Rule 34; Rule 35; See also Summary on Declaration of Default]

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Rule 10 (Amended and Supplemental Pleadings): 2019 Proposed Amendments to the 1997 Rules of Civil Procedure

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[See Introduction and Menu; Rule 6; Rule 7; Rule 8; Rule 9; Rule 10; Rule 11; Rule 12; Rule 13; Rule 14; Rule 15; Rule 16 (deleted); Rule 17; Rule 18; Rule 19; Rule 20; Rule 21; Rule 22; Rule 23; Rule 24; Rule 25; Rule 26; Rule 27; Rule 28; Rule 29; Rule 30; Rule 31; Rule 32; Rule 33; Rule 34; Rule 35; See also Summary on Amended and Supplemental Pleadings]

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Rule 11 (When to File Responsive Pleadings): 2019 Proposed Amendments to the 1997 Rules of Civil Procedure

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[See Introduction and Menu; Rule 6; Rule 7; Rule 8; Rule 9; Rule 10; Rule 11; Rule 12; Rule 13; Rule 14; Rule 15; Rule 16 (deleted); Rule 17; Rule 18; Rule 19; Rule 20; Rule 21; Rule 22; Rule 23; Rule 24; Rule 25; Rule 26; Rule 27; Rule 28; Rule 29; Rule 30; Rule 31; Rule 32; Rule 33; Rule 34; Rule 35; See summaries: When to File Responsive Pleadings; Extension of Time to File Pleadings]

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